BILL NUMBER: SB 1387	CHAPTERED  09/30/00

	CHAPTER   942
	FILED WITH SECRETARY OF STATE   3SEPTEMBER 30, 200
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN SENATE   MAY 30, 2000
	AMENDED IN SENATE   MAY 11, 2000

INTRODUCED BY   Senator Hughes

                        JANUARY 24, 2000

   An act to amend Sections 41601.1 and 48200.7 of the Education
Code, relating to education, and making an appropriation therefor.

      (Approved by Governor September 29, 2000.  Filed with
Secretary of State September 30, 2000.)

   I am signing Senate Bill No. 1387, however, I am deleting the $3
million appropriation to the Compton Community College District for
the completion of a technology building.
   This bill would prolong the extended school year program in the
Compton Unified School District by one year and require the State
Department of Education, in conjunction with the Legislative Analyst'
s Office, to provide for an evaluation of the program.  This bill
would also provide $3 million to the Compton Community College
District for the completion of a technology building.
   Extending the Compton Unified School District's longer school year
program would allow what appears to be a successful program to
continue.  This additional year will provide the ability to document
the program's success.
   The $3 million appropriation for the Compton Community College
District appears to lack support.  I understand a similar request was
reviewed by the California Community College Chancellor's Office,
which determined that the costs were unsupportable for a state-funded
project.
                                                 GRAY DAVIS, Governor


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1387, Hughes.  Compton Unified School District and Compton
Community College District.
   (1) Existing law, until January 1, 2001, authorizes the Compton
Unified School District to identify low-performing schools in the
district and make pupils in kindergarten and grades 1 to 12,
inclusive, in those schools eligible for extended school year
instruction.
   This bill would extend the date of repeal of this existing law to
January 1, 2002.  The bill would remove a requirement that the
Legislative Analyst evaluate or contract to evaluate the
effectiveness of the extended year program and require the State
Department of Education, in conjunction with the Legislative Analyst,
to contract for the independent evaluation, as specified.  The bill
would provide that the Compton Unified School District would be
responsible for all costs related to the independent evaluation,
thereby imposing a state-mandated local program.
   (2) The bill would appropriate $3,000,000 from the General Fund to
the Compton Community College District to complete a technology
building.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 41601.1 of the Education Code is amended to
read:
   41601.1.  (a) The attendance of pupils subject to Section 48200.7
in extended year classes provided by a school district exclusively
for those pupils shall be excluded from the determination of average
daily attendance pursuant to Section 41601.
   (b) The average daily extended year attendance of pupils subject
to Section 48200.7 in classes provided by a school district
exclusively for those pupils, and consistent with subdivision (a) of
Section 46300, shall be determined by dividing the total number of
days of extended year attendance by a divisor of 180.
   (c) Units of average daily extended year attendance determined
pursuant to this section, not to exceed 675 units, shall be deemed to
be units of regular average daily attendance for the purposes of all
calculations of funding based on average daily attendance, except
that for the purposes of subdivision (d) of Section 41204, these
units of average daily extended year attendance shall not be used for
the purpose of calculating "changes in enrollment" pursuant to
paragraph (2) of subdivision (b) of Section 8 of Article XVI of the
California Constitution.
   (d) As a condition to the receipt of funding based on pupil hours
of extended year attendance determined pursuant to the provisions of
this section, a school district shall provide to all pupils subject
to Section 48200.7, while those pupils are attending extended year
classes provided exclusively for them, at least an average of:
   (1) Two hundred minutes per day in kindergarten.
   (2) Two hundred eighty minutes per day in grades 1 to 3,
inclusive.
   (3) Three hundred minutes per day in grades 4 to 8, inclusive.
   (4) Three hundred sixty minutes per day in grades 9 to 12,
inclusive.
   (e) A school district providing extended year classes pursuant to
this section shall waive the right to conduct staff development days
in lieu of instructional days that exceed the number of staff
development days for which attendance was claimed during the 1997-98
school year, and shall waive any right to receive average daily
attendance credit for any staff development days that exceed the
number of staff development days for which attendance was claimed
during the 1997-98 school year, including, but not limited to, staff
development days authorized pursuant to Sections 44670.6, 52022,
52854, and 56242.
   (f) This section shall remain in effect only until January 1,
2002, and as of that date is repealed unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that
date.
  SEC. 2.  Section 48200.7 of the Education Code is amended to read:

   48200.7.  (a) The State Department of Education shall identify the
three lowest performing elementary schools in the Compton Unified
School District for purposes of extending the school year for pupils
enrolled in kindergarten or grades 1 and 2 and for those pupils in
any of grades 3 to 5, inclusive, who are performing in mathematics or
English language arts two or more grade levels below the grade in
which those pupils are enrolled as determined under subdivision (d).

   (b) Beginning with the 1998-99 school year, the Compton Unified
School District may identify schools of the district, in addition to
those identified pursuant to subdivision (a), that are among the
lowest performing schools in the district, and may provide any pupil
enrolled in kindergarten and grades 1 to 12, inclusive, in a school
identified pursuant to this subdivision who is performing in
mathematics or English language arts at two or more grade levels
below the grade in which that pupil is enrolled as determined
pursuant to subdivision (d), with extended school year instruction
pursuant to Section 41601.1.
   (c) Notwithstanding subdivision (b) of this section and Section
41601.1, the amount of funding claimed by the district for extended
year instruction shall not in any year exceed twice the amount
claimed pursuant to this section in the 1997-98 fiscal year as
adjusted each year by the inflation adjustment determined pursuant to
Section 42238.1.
   (d) The determination that a pupil is performing two or more grade
levels below the grade in which that pupil is enrolled shall be
based on any combination of the following:
   (1) The California Achievement Test-Form E.
   (2) The Spanish assessment of basic education.
   (3) Proficiency tests required for graduation.
   (4) District criterion reference tests based on state curriculum
guides.
   (5) The STAR test.
   (e) The Compton Unified School District shall test all pupils in
kindergarten and grades 1 to 12, inclusive, in its lowest performing
schools identified pursuant to subdivisions (a) and (b) prior to
those pupils beginning an extended school year program under this
section.  At the end of the school year the school district shall
again test the pupils in kindergarten and grades 1 to 12, inclusive,
to determine the grade level at which those pupils are performing.
   (f) The State Department of Education shall approve each of the
following areas in each elementary school identified as low
performing pursuant to subdivision (a):
   (1) Curricula.
   (2) Testing instruments.
   (3) Schoolday length.
   (4) Teacher selection, teacher mentoring, and staff development
processes.
   (g) The State Department of Education shall review teacher
compensation, including salary and benefits, in each elementary
school identified as low performing pursuant to subdivision (a).
   (h) The State Department of Education shall collect data as to
each of the following items for each school in subdivisions (a) and
(b):
   (1) Instructional materials used by, and made available to, the
school.
   (2) Teacher capacity.
   (3) Any other baseline data deemed necessary by the department.
   (i) Instruction provided to pupils subject to this section during
schooldays in excess of schooldays offered to other pupils shall be
devoted to instruction in basic skills in mathematics and English
language arts.
   (j) In conjunction with the Legislative Analyst, the State
Department of Education shall contract for an independent evaluation
to determine the effectiveness of the extended school year
curriculum, instructional program, and materials provided pursuant to
this section and funded pursuant to Section 41601.1 in improving
pupil academic outcomes.  Testing and data collection conducted
pursuant to this section shall be administered under the oversight of
the independent evaluator, who shall be provided with copies of all
test results.  Results of the evaluation shall be reported on or
before January 1, 2002, to the Superintendent of Public Instruction,
the Legislative Analyst, the Director of Finance, and the appropriate
policy and fiscal committees of the Legislature.  The Compton
Unified School District shall be responsible for all costs incurred
pursuant to this subdivision.
   (k) A percentage of funding appropriated for purposes of this
section, in an amount to be determined by the Superintendent of
Public Instruction, shall be used for purposes of testing and data
collecting pursuant to this section.
  SEC. 3.  The sum of three million dollars ($3,000,000) is hereby
appropriated from the General Fund to the Compton Community College
District to complete a technology building.
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
This section shall remain in effect only until January 1, 2002, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2002, deletes or extends that date.
